HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 58

AMEND House Bill No. 58 by removing lines 34 through 40 in their entirety and inserting in lieu thereof the following:

“(f) No covenant, restriction, or condition contained in a deed, contract, or other legal instrument which affects the transfer, sale, or any other interest in real property, which is zoned for residential use and the lot or lots are 1/2 of an acre or greater in size, that prohibits or unreasonably restricts the owner of the property from installing or using a ground mounted system for obtaining solar energy on that owner's property shall be allowed in any deed, contract or other legal instrument. A covenant, restriction, or condition which requires that fencing, landscaping, or other appropriate means be used to shield the system from view, so that it is not readily visible from adjacent streets shall be deemed to be a reasonable restriction. ”.

FURTHER AMEND House Bill No. 58 by deleting lines 41 through 42 in their entirety.

SYNOPSIS

This Amendment is a substantive change which serves to remove existing subsection (f) relating to ground mounted systems instead of making the revisions noted in HB58. This Amendment also removes the provision relating to a prevailing party being entitled to costs and reasonable attorney's fees associated with litigation arising under this section.